No. 31

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Wednesday, March 19, 2014.

1:30 p.m.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Abed—present Glardon—present LaVoy—present Roberts—present

Banks—present Goike—present Leonard—present Robinson—present

Barnett—present Graves—present Lipton—present Rogers—present

Bolger—present Greimel—present Lori—present Rutledge—present

Brinks—present Haines—present Lund—present Santana—present

Brown—present Haugh—present Lyons—present Schmidt—present

Brunner—present Haveman—present MacGregor—present Schor—present

Bumstead—present Heise—present MacMaster—present Segal—present

Callton—present Hobbs—present McBroom—present Shirkey—present

Cavanagh—present Hooker—present McCann—present Singh—present

Clemente—present Hovey-Wright—present McCready—present Slavens—present

Cochran—present Howrylak—present McMillin—present Smiley—present

Cotter—present Irwin—present Muxlow—present Somerville—present

Crawford—present Jacobsen—present Nathan—present Stallworth—present

Daley—present Jenkins—present Nesbitt—present Stamas—present

Darany—present Johnson—present O’Brien—present Stanley—present

Denby—present Kandrevas—present Oakes—present Switalski—present

Dianda—present Kelly—present Olumba—e/d/s Talabi—present

Dillon—present Kesto—present Outman—present Tlaib—present

Driskell—present Kivela—present Pagel—present Townsend—present

Durhal—present Knezek—present Pettalia—present VerHeulen—present

Faris—present Kosowski—present Phelps—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—present

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—present Rendon—present Zorn—present

Genetski—present Lauwers—present

e/d/s = entered during session

Rep. Joe Haveman, from the 90th District, offered the following invocation:

“Heavenly Father, we come to You today thankful for the opportunity to convene in this great Chamber and do the business of the people of this great state. We ask for Your divine guidance as we deal with those important issues that affect the lives of every man, woman and child who live in this state. With Your will and in Your way, let us do what is right. Amen.”

Motions and Resolutions

Reps. Oakes, Hovey-Wright, Faris, Lane, Slavens, Lipton, Irwin, Tlaib, Haines, Talabi, O’Brien, Kowall, Cotter, Jenkins, Barnett, Denby, Price, Schor, Abed, Brinks, Lamonte, Dillon, Hobbs, Driskell, Segal, Brown, Stanley, Geiss, Robinson, Roberts, LaFontaine, Lyons, Darany, Durhal, Heise, Kelly and Singh offered the following resolution:

House Resolution No. 322.

A resolution to declare March 2014 as Women’s History Month in the state of Michigan.

Whereas, Michigan women of every race, class, and ethnic background have made historic contributions to the growth and strength of Michigan in countless recorded and unrecorded ways; and

Whereas, Michigan women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of Michigan by constituting a significant portion of the labor force working inside and outside of the home; and

Whereas, Accomplished women in Michigan such as Cora Reynolds Anderson, Lorraine Beebe, Cora Mae Brown, Anna Clemenc, Mary Stallings Coleman, Betty Ford, Martha Griffiths, Marie-Therese Guyon-Cadillac, Erma Henderson, Mildred Jeffrey, Rosa Parks, Elly Peterson, Dorothy Comstock Riley, Anna Howard Shaw, Lucinda Stone, and Sojourner Truth deserve more recognition; and

Whereas, Michigan women have played a unique role throughout the history of Michigan by providing the majority of the volunteer labor force of Michigan; and

Whereas, Michigan women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in Michigan; and

Whereas, Michigan women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and

Whereas, Michigan women have been leaders not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, the peace movement, and other movements which created a more fair and just society for all; and

Whereas, The population of Michigan is fifty-one percent women, the percentage of women legislators in the Michigan House of Representatives is twenty-two percent, the percentage of women legislators in the Michigan Senate is eleven percent; and

Whereas, Despite these contributions, the role of Michigan women in history has been consistently overlooked and undervalued in the literature, teaching, and study of Michigan history; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2014 as Women’s History Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Schor, Barnett, Dianda, Kivela, Hobbs, Greimel, Callton, Segal, Dillon, Brinks, Jenkins, McBroom, Lipton, Durhal, Heise, Howrylak, Kelly and Singh offered the following resolution:

House Resolution No. 323.

A resolution to condemn the boycott of Israeli universities by the American Studies Association.

Whereas, Last December the American Studies Association issued a resolution endorsing a boycott of Israeli academic institutions in answer to a call for a campaign of boycott, divestment, and sanctions by the Palestinian civil society; and

Whereas, A boycott of academic institutions directly violates the fundamental principle of academic freedom. The Association of American Universities has issued a statement, supported by many individual university officials, including the President of Michigan State University, strongly opposing this boycott. Political considerations should not be allowed to interfere with the academic freedom of not only Israeli scholars, but American scholars who might be pressured to comply with the boycott; and

Whereas, This boycott could be a serious detriment to Jewish Studies programs at many American higher education institutions. Israeli exchange programs, including Michigan State University’s summer study abroad and Visiting Israeli Scholars Program, could be negatively affected. Scholars should not be restricted from working with or collaborating with fellow academics in other countries; and

Whereas, Academic freedom should not be sacrificed in efforts to address political issues. The boycott of Israeli academic institutions clearly violates this principle, which the American higher education community, as well as institutions elsewhere, hold dear; now, therefore, be it

Resolved by the House of Representatives, That we condemn the boycott of Israeli universities by the American Studies Association; and be it further

Resolved, That copies of this resolution be transmitted to the American Studies Association, the Association of American Universities, and the President’s Council, State Universities of Michigan.

The resolution was referred to the Committee on Education.

Reps. Schor, Barnett, Dianda, Kivela, Hobbs, Greimel, Callton, Segal, Abed, Brinks, Jenkins, McBroom, Lipton, Durhal, Heise, Howrylak and Kelly offered the following concurrent resolution:

House Concurrent Resolution No. 23.

A concurrent resolution to condemn the boycott of Israeli universities by the American Studies Association.

Resolved by the House of Representatives (the Senate concurring), That we condemn the boycott of Israeli universities by the American Studies Association; and be it further

Resolved, That copies of this resolution be transmitted to the American Studies Association, the Association of American Universities, and the President’s Council, State Universities of Michigan.

The concurrent resolution was referred to the Committee on Education.

______

The Speaker called Associate Speaker Pro Tempore Cotter to the Chair.

Third Reading of Bills

House Bill No. 5234, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 156, 462a, 462b, 462c, 462d, 462e, 462f, 462g, and 462h (MCL 750.156, 750.462a, 750.462b, 750.462c, 750.462d, 750.462e, 750.462f, 750.462g, and 750.462h), sections 462a, 462b, 462c, 462d, 462e, 462f, 462g, and 462h as added by 2006 PA 162; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 120 Yeas—108

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Rutledge

Brinks Greimel Lipton Santana

Brown Haines Lori Schmidt

Brunner Haugh Lund Schor

Bumstead Haveman Lyons Segal

Callton Heise MacGregor Shirkey

Cavanagh Hobbs MacMaster Singh

Clemente Hooker McBroom Slavens

Cochran Hovey-Wright McCann Smiley

Cotter Howrylak McCready Somerville

Crawford Irwin McMillin Stallworth

Daley Jacobsen Muxlow Stamas

Darany Jenkins Nathan Stanley

Denby Johnson Nesbitt Switalski

Dianda Kandrevas O’Brien Talabi

Dillon Kelly Oakes Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—1

Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 5235, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 121 Yeas—108

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Rutledge

Brinks Greimel Lipton Santana

Brown Haines Lori Schmidt

Brunner Haugh Lund Schor

Bumstead Haveman Lyons Segal

Callton Heise MacGregor Shirkey

Cavanagh Hobbs MacMaster Singh

Clemente Hooker McBroom Slavens

Cochran Hovey-Wright McCann Smiley

Cotter Howrylak McCready Somerville

Crawford Irwin McMillin Stallworth

Daley Jacobsen Muxlow Stamas

Darany Jenkins Nathan Stanley

Denby Johnson Nesbitt Switalski

Dianda Kandrevas O’Brien Talabi

Dillon Kelly Oakes Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—1

Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Olumba entered the House Chambers.

House Bill No. 5236, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2010 PA 363.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 122 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 5237, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 16b (MCL 780.766b), as added by 2010 PA 364.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 123 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 5239, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2008 PA 510.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 124 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, March 19, for his approval of the following bills:

Enrolled House Bill No. 4709 at 10:52 a.m.

Enrolled House Bill No. 4710 at 10:54 a.m.

Enrolled House Bill No. 4711 at 10:56 a.m.

Enrolled House Bill No. 4740 at 10:58 a.m.

Enrolled House Bill No. 4810 at 11:00 a.m.

Enrolled House Bill No. 4941 at 11:02 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, March 19:

House Bill Nos. 5412 5413 5414 5415 5416

Senate Bill Nos. 879 880

The Clerk announced that the following Senate bill had been received on Wednesday, March 19:

Senate Bill No. 713

Reports of Standing Committees

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

House Bill No. 5248, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16323 (MCL 333.16323), as amended by 2002 PA 643.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Nays: None

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

Senate Bill No. 671, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 4.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Nays: None

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

Senate Bill No. 672, entitled

A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 6 and 9 (MCL 338.1056 and 338.1059), section 6 as amended by 2012 PA 419 and section 9 as amended by 2010 PA 68.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Wednesday, March 19, 2014

Present: Reps. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 821, entitled

A bill to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Haugh, LaVoy and Townsend

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 822, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Cotter, Foster, Lyons, Nesbitt, Price, Somerville and Kelly

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 823, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f and 9m (MCL 211.9f and 211.9m), section 9f as amended by 2012 PA 399 and section 9m as amended by 2013 PA 154, and by adding section 27e.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Haugh, LaVoy and Townsend

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 824, entitled

A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending sections 2 and 3 (MCL 484.3102 and 484.3103).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 825, entitled

A bill to amend 2012 PA 408, entitled “ An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a,” by amending enacting sections 1 and 2.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville and Kelly

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 826, entitled

A bill to amend 2012 PA 401, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9m,” by amending enacting section 1.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 827, entitled

A bill to amend 2012 PA 402, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9o,” by amending enacting section 1.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 828, entitled

A bill to amend 2012 PA 403, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9n,” by amending enacting section 1.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 829, entitled

A bill to levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Haugh, LaVoy and Townsend

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 830, entitled

A bill to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, O’Brien, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Haugh, LaVoy and Townsend

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrington, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, March 19, 2014

Present: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Bill No. 5195, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending section 7115 (MCL 289.7115), as amended by 2007 PA 114.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers, Pagel, Brunner, Smiley, Hovey-Wright, LaVoy, Geiss and Talabi

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Daley, Chair, of the Committee on Agriculture, was received and read:

Meeting held on: Wednesday, March 19, 2014

Present: Reps. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers, Pagel, Brunner, Smiley, Hovey-Wright, LaVoy, Geiss and Talabi

The Committee on Education, by Rep. Lyons, Chair, reported

Senate Bill No. 120, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price and Yonker

Nays: None

The Committee on Education, by Rep. Lyons, Chair, reported

Senate Bill No. 121, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1167.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker and Knezek

Nays: None

The Committee on Education, by Rep. Lyons, Chair, reported

Senate Bill No. 423, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding sections 1167 and 1279h.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price and Yonker

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lyons, Chair, of the Committee on Education, was received and read:

Meeting held on: Wednesday, March 19, 2014

Present: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Knezek, Brinks, Stallworth, Lamonte and Abed

Absent: Rep. Lipton

Excused: Rep. Lipton

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 5233, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 4701, 4702, 4703, 4704, 4705, 4706, 4707, and 4708 (MCL 600.4701, 600.4702, 600.4703, 600.4704, 600.4705, 600.4706, 600.4707, and 600.4708), section 4701 as amended by 2010 PA 363, section 4702 as amended by 2012 PA 350, sections 4703, 4704, 4705, and 4708 as amended by 2006 PA 128, and sections 4706 and 4707 as added by 1988 PA 104.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Heise, Graves, Kurtz, Callton, O’Brien, Kesto, Kivela and Banks

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

Senate Bill No. 582, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Robinson, Kivela and Banks

Nays: None

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

Senate Bill No. 583, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2012 PA 124.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Robinson, Kivela and Banks

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, March 19, 2014

Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Oakes, Robinson, Kivela and Banks

The Committee on Commerce, by Rep. Foster, Chair, reported

House Bill No. 5216, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 34d.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Zorn, Haines, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana and Yanez

Nays: None

The Committee on Commerce, by Rep. Foster, Chair, reported

House Bill No. 5217, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2956a.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Zorn, Haines, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard and Santana

Nays: None

The Committee on Commerce, by Rep. Foster, Chair, reported

House Bill No. 5218, entitled

A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending section 2 (MCL 338.42).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Zorn, Haines, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana and Yanez

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Foster, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, March 19, 2014

Present: Reps. Foster, Zorn, Haines, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana, Oakes and Yanez

Absent: Reps. Schmidt and Driskell

Excused: Reps. Schmidt and Driskell

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nesbitt, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, March 18, 2014

Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Howrylak, Stallworth, Hobbs, Nathan, LaVoy, Lane, Brunner, Yanez, Lamonte and Phelps

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, was received and read:

Meeting held on: Tuesday, March 18, 2014

Present: Reps. McMillin, Kelly, O’Brien, Leonard, Howrylak, Townsend and Robinson

Absent: Rep. Phelps

Excused: Rep. Phelps

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Schmidt, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Wednesday, March 19, 2014

Present: Reps. Schmidt, Daley, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell and Cochran

Absent: Reps. Glardon, Heise, Jacobsen, O’Brien and Smiley

Excused: Reps. Glardon, Heise, Jacobsen, O’Brien and Smiley

Messages from the Senate

House Bill No. 4885, entitled

A bill to amend 1929 PA 48, entitled “An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes,” by amending section 3 (MCL 205.303), as amended by 1996 PA 135, and by adding section 11a.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5121, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 517 (MCL 600.517), as amended by 2009 PA 228.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5122, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 507 (MCL 600.507), as amended by 2009 PA 228.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5123, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 518 and 8121 (MCL 600.518 and 600.8121), section 518 as amended by 2006 PA 99 and section 8121 as amended by 2012 PA 37.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 518, 524, 8116, 8121, 8121a, and 8123 (MCL 600.518, 600.524, 600.8116, 600.8121, 600.8121a, and 600.8123), section 518 as amended by 2006 PA 99, section 524 as amended by 2012 PA 35, section 8116 as amended by 2012 PA 19, section 8121 as amended by 2012 PA 37, section 8121a as amended by 1988 PA 135, and section 8123 as amended by 2012 PA 624.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5124, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 504 (MCL 600.504), as amended by 2011 PA 300.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5125, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8130, 8134, and 8135 (MCL 600.8130, 600.8134, and 600.8135), section 8130 as amended by 1988 PA 135, section 8134 as amended by 2012 PA 16, and section 8135 as amended by 1982 PA 161.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 713, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 226 (MCL 330.1226), as amended by 2009 PA 103.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Notices

Pursuant to Rule 41, the Speaker has made the following referral:

House Bill No. 5414 referred to the Committee on Appropriations.

Introduction of Bills

Reps. Irwin, Barnett, Switalski, Slavens, Hovey-Wright, Robinson, Townsend, Stallworth, Singh, Kosowski, Lipton and Oakes introduced

House Bill No. 5417, entitled

A bill to amend 2010 PA 270, entitled “Property assessed clean energy act,” by amending sections 3, 9, and 15 (MCL 460.933, 460.939, and 460.945).

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

By unanimous consent the House returned to the order of

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

February 26, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-009-LR (Secretary of State Filing #14-02-08) on this date at 2:50 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Architects”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 26, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-010-LR (Secretary of State Filing #14-02-09) on this date at 2:52 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Professional Engineers”.

February 26, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-011-LR (Secretary of State Filing #14-02-10) on this date at 2:54 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Professional Surveyors”.

March 10, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-067-NR (Secretary of State Filing #14-03-01) on this date at 4:08 P.M. for the Department of Natural Resources, entitled “State Uniform Waterway Marking System”.

March 10, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-039-LR (Secretary of State Filing #14-03-02) on this date at 4:10 P.M. for the Department of Licensing and Regulatory Affairs, entitled “CS Part 6 Personal Protection Equipment”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 641, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2502a, 2504, and 2508 (MCL 339.2502a, 339.2504, and 339.2508), section 2502a as added by 2002 PA 611, section 2504 as amended by 2003 PA 196, and section 2508 as amended by 1988 PA 16, and by adding section 2504a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5396, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1110 (MCL 339.1110), as amended by 1988 PA 463.

The bill was read a second time.

Rep. LaFontaine moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5332, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 274a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Lori moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 719, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19612 (MCL 324.19612), as amended by 2012 PA 446.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5119, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 4A108 (MCL 440.4608), as added by 1992 PA 100.

The bill was read a second time.

Rep. VerHeulen moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4001, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 4, 5, and 10 (MCL 15.234, 15.235, and 15.240), as amended by 1996 PA 553.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Oversight,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

Rep. Shirkey moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. Shirkey moved to amend the bill as follows:

1. Amend page 4, line 9, after “COPIES.” by inserting “THIS SUBDIVISION DOES NOT APPLY IF A PUBLIC BODY LACKS THE TECHNOLOGICAL CAPABILITY NECESSARY TO PROVIDE RECORDS ON ANY NONPAPER PHYSICAL MEDIA.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Lipton moved to amend the bill as follows:

1. Amend page 6, line 8, after “WELFARE.” by inserting “A PUBLIC BODY SHALL WAIVE THE FEE FOR PUBLIC RECORDS IF THE REQUEST IS MADE BY AN ELECTED PUBLIC OFFICIAL IN FURTHERANCE OF HIS OR HER DUTIES AS AN ELECTED PUBLIC OFFICIAL.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Shirkey moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 805, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a, 1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a, 330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a, 330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section 100b as amended by 2012 PA 500, section 134a as amended by 2010 PA 293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a, 1003b, 1004, 1005d, and 1006 as amended and section 1003c as added by 1993 PA 252, and section 1003 as amended by 2007 PA 112.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 806, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2010 PA 292.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 807, entitled

A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 2 (MCL 550.52).

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 808, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 410 (MCL 550.1410), as amended by 1998 PA 24.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 809, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 20a, 21a, and 36 of chapter VIII and section 15g of chapter XVII (MCL 768.20a, 768.21a, 768.36, and 777.15g), section 20a of chapter VIII as amended by 2006 PA 655, section 21a of chapter VIII as amended by 1994 PA 56, section 36 of chapter VIII as amended by 2002 PA 245, and section 15g of chapter XVII as amended by 2008 PA 16.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 810, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43515 (MCL 324.43515), as added by 1995 PA 57.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 811, entitled

A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6 (MCL 400.586), as amended by 1987 PA 35.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4593, entitled

A bill to amend 2008 PA 429, entitled “Nonferrous metal regulatory act,” by amending the title and sections 1, 3, 5, 7, 11, 13, and 17 (MCL 445.421, 445.423, 445.425, 445.427, 445.431, 445.433, and 445.437) and by adding section 10; and to repeal acts and parts of acts.

(The bill was received from the Senate on December 11, 2013, with substitute (S-9), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 12, 2013, see House Journal No. 105 of 2013, p. 2003.)

The question being on concurring in the substitute (S-9) made to the bill by the Senate,

Rep. Tlaib moved to substitute (H-3) the Senate substitute (S-9).

The motion did not prevail and the substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Muxlow moved to substitute (H-6) the Senate substitute (S-9).

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. Tlaib moved to amend the Senate substitute (S-9), as substituted (H-6), as follows:

1. Amend page 10, line 27, after “EXPENSE,” by striking out “MAY” and inserting “SHALL”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Tlaib moved to amend the Senate substitute (S-9), as substituted (H-6), as follows:

1. Amend page 13, line 6, after “(5)” by striking out “IF THE PURCHASE PRICE”.

2. Amend page 13, line 7, after “(1)” by striking out the balance of the line through “MORE,” on line 9.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Tlaib moved to amend the Senate substitute (S-9), as substituted (H-6), as follows:

1. Amend page 10, line 7, after “(1)” by striking out “BEGINNING” and inserting “SUBJECT TO SUBSECTION (6), BEGINNING”.

2. Amend page 13, line 6, after “(5)” by striking out “IF” and inserting “SUBJECT TO SUBSECTION (6), IF”.

3. Amend page 13, following line 18, by inserting:

“(6) BEGINNING 12 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, IF THIS STATE IS STILL 1 OF THE 10 STATES WITH THE HIGHEST NUMBER OF INSURANCE CLAIMS FOR METAL THEFT IN THE UNITED STATES, AS RECORDED BY THE NATIONAL INSURANCE CRIME BUREAU, THE ONLY METHODS OF PAYMENT THAT A SCRAP METAL DEALER SHALL USE IN ANY PURCHASE TRANSACTION OF ANY OF THE ITEMS DESCRIBED IN SUBSECTION (1)(A) TO (C) ARE A DIRECT DEPOSIT TO THE SELLER’S ACCOUNT AT A FINANCIAL INSTITUTION, OR PAYMENT BY CHECK OR MONEY ORDER MAILED TO THE SELLER AT THE ADDRESS SHOWN ON THE IDENTIFICATION CARD PRESENTED UNDER SECTION 5(2)(A).”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Kesto moved to amend the Senate substitute (S-9), as substituted (H-6), as follows:

1. Amend page 7, line 12, after “(B),” by striking out “BEGINNING OCTOBER 1, 2014,”.

2. Amend page 10, line 7, after “(1)” by striking out “BEGINNING OCTOBER 1, 2014, IN” and inserting “IN”.

3. Amend page 20, line 1, after “BY” by striking out “OCTOBER” and inserting “JULY”.

4. Amend page 21, following line 10, by inserting:

“Enacting section 1. This amendatory act takes effect July 1, 2014.” and renumbering the remaining enacting section.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Kesto moved to amend the Senate substitute (S-9), as substituted (H-6), as follows:

1. Amend page 18, following line 4, by inserting:

“(E) A SILVER ALLOY TELECOMMUNICATION BATTERY WITH A THREADED INSERT TERMINAL CONNECTION. THIS SUBDIVISION DOES NOT APPLY TO A BATTERY USED IN AUTO OR MOBILE EQUIPMENT. THIS SUBDIVISION DOES NOT APPLY IF THE SELLER IS A PROVIDER OF TELECOMMUNICATION SERVICE OR IF THE SELLER HAS WRITTEN AUTHORIZATION FROM THE PROVIDER OF TELECOMMUNICATION SERVICE THAT OWNED THE PROPERTY TO SELL THE PROPERTY.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Kesto moved to amend the Senate substitute (S-9), as substituted (H-6), as follows:

1. Amend page 12, line 21, after “POLICE,” by inserting “AND AFTER THE DEPARTMENT OF STATE POLICE PUBLISHES NOTICE THAT THE DATABASE IS IMPLEMENTED AND IN OPERATION,”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-9) made to the bill by the Senate,

The substitute (S-9), as substituted (H-6), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 125 Yeas—98

Abed Glardon Leonard Robinson

Banks Graves Lipton Rutledge

Barnett Greimel Lori Santana

Bolger Haines Lund Schmidt

Brinks Haugh Lyons Segal

Brown Haveman MacGregor Shirkey

Brunner Heise MacMaster Singh

Bumstead Hobbs McCann Slavens

Callton Hooker McCready Smiley

Cavanagh Hovey-Wright Muxlow Somerville

Clemente Howrylak Nathan Stallworth

Cochran Irwin Nesbitt Stamas

Crawford Jacobsen Oakes Stanley

Daley Jenkins Olumba Switalski

Darany Kandrevas Outman Talabi

Denby Kesto Pagel Tlaib

Dianda Knezek Pettalia Townsend

Dillon Kosowski Phelps VerHeulen

Driskell Kowall Poleski Victory

Durhal Kurtz Potvin Walsh

Faris LaFontaine Price Yanez

Farrington Lamonte Pscholka Yonker

Forlini Lane Rendon Zemke

Foster Lauwers Roberts Zorn

Geiss LaVoy

Nays—12

Cotter Goike Kivela O’Brien

Franz Johnson McBroom Rogers

Genetski Kelly McMillin Schor

In The Chair: Cotter

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 2008 PA 429, entitled “An act to regulate the purchase and sale of certain nonferrous metals; to provide for disclosures by certain persons regarding certain transactions; to require the creation of records for certain purposes and for the use of certain databases by certain persons; and to provide for penalties and remedies,” by amending the title and sections 1, 3, 5, 7, 11, 13, 15, and 17 (MCL 445.421, 445.423, 445.425, 445.427, 445.431, 445.433, 445.435, and 445.437), and by adding sections 6 and 10.

The motion prevailed.

The House agreed to the title as amended.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

______

Rep. Rendon moved that the House adjourn.

The motion prevailed, the time being 6:30 p.m.

Associate Speaker Pro Tempore Cotter declared the House adjourned until Thursday, March 20, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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